TorrentSpy Ordered By Federal Judge to Become MPAA Spy
Written by enigmax on June 09, 2007TorrentSpy, one of the world’s largest torrent dump sites, has been ordered by a federal judge to monitor its users in order to create detailed logs of their activities which must then be handed over to the MPAA.
According to CNET News.com. federal judge Jacqueline Chooljian requested that Torrentspy (what’s in a name) must start creating logs detailing their user’s activities. This, despite the site’s privacy policy which states they will never monitor their visitors without consent.
Understandably, this is a worrying move by the court - even more so when one considers these logs must then be turned over to the MPAA. This is believed to be the first time a judge has ordered a defendant to log visitor activity and then hand over the information to the plaintiff. The decision - arrived at last month but under seal - could force sites that are defendants in a law suit to track the actions of their visitors.
The owners have been granted a stay of the order in order to make an appeal, which must be filed by June 12, says Ira Rothken, TorrentSpy’s attorney.
“It is likely that TorrentSpy would turn off access to the U.S. before tracking its users,” said Rothken. “If this order were allowed to stand, it would mean that Web sites can be required by discovery judges to track what their users do even if their privacy policy says otherwise.”
This action follows MPAA action in 2006 against several BitTorrent sites, TorrentSpy included. According to the MPAA, Torrentspy helps others commit copyright infringement by directing people to sites which enable them to download copyright material, an offense claims the MPAA, of secondary copyright infringement.
At the time, Rothken said “It [TorrentSpy] cannot be held ‘tertiary’ liable for visitors’ conduct that occurs away from its web search engine”. TorrentSpy claims it did nothing illegal and suggested the MPAA should sue Google.
An attorney with the Electronic Frontier Foundation referred to the order to demand a defendant log visitor activity and then hand over the information to the plaintiff as “unprecedented.” He continued “In general, a defendant is not required to create new records to hand over in discovery. We shouldn’t let Web site logging policies be set by litigation”
One way or another, it seems that the MPAA is determined to obtain information about TorrentSpy and its users. A complaint issued by TorrentSpy suggests the MPAA paid a hacker $15,000 to steal e-mail correspondence and trade secrets. The hacker admitted that this was true.
Previously: Pirates Gather at First International Pirate Party Conference
Next: TorrentPod Episode 38
81 Responses
I bet 100 bucks the judge doesn*t know shit about bittorrent.
And what should the logs be used for?
“Look, that user leeched a torrent-file.”
Big deal, dozens of checksums and one announce-url, what sentence would I face? Erm, none?
A note on English grammar: “it’s” with an apostrophe is always a contraction; “its” without an apostrophe is the possessive pronoun.
a note on who cares about grammar in a casual atmosphere: no one
[quote comment="112125"]Big deal, dozens of checksums and one announce-url, what sentence would I face? Erm, none?[/quote]
For you, I agree 100%, absolutely none.
The data will be used in the case against TorrentSpy, if the MPAA can get it. Maybe they’re lucky and the appeal succeeds?
UH OH,..the grammar police have should up as well. We’re really in for it now! MUHA
If the order isn’t for readable logs, an encrypted log, or bit shifted log should suffice. Of course, TOR works to get around that too.
ToR is aweful For pirating and a pain in The rear to set up. not to Mention it slows down the people who are trying to browse…
Ok so how in the hell can thay do TS for this with logs?
Yes TS has users that upload torrents but TS is a dump site meening that other torrent sites have code in them that will upload a torrent to TS when it is uploaded to that torrent site.
TS will not have logs for this.
Allso how in the hell is it TS’s folt if the users and the users of other torrent sites dont have copyright to the files thay are leaching.
I think this judge is full of shit and as someone said probly dont know what a torrent is or how it works. And if that is the case then that judge shuld not be dealing with this case.
Wait a second? isnt like the 5th amendment playable here? i thought it was a person, or entitys, right to not incriminate itself
Forcing TS to log its users and hand the info over sounds like they’re trying to do just that
Except you made all this up……
Torrentspy.com is hosted in the Netherlands.
US Laws don’t apply…..US Judges have ZERO jurisdiction.
You’re a retard.
5th amendment only applies to criminal prosecutions. this is civil.
Not necessarily. While this particular matter is civil, pirating can be a criminal offense when you look at the possibility of copyright infringement and up to 5 years in prison. Being that the data they would record would only help the MPAA and Prosecuting Attorney with such a case does in fact fall under the 5th Amendment. If TorrentSpy operates out of the Netherlands than this point is mute.
wow. gay. bout it. and why doesn’t the world get that hacking is good? put cracker. damn.
anyways, thank God demonoid is safe.
[quote comment="112201"]If the order isn’t for readable logs, an encrypted log, or bit shifted log should suffice. Of course, TOR works to get around that too.[/quote]
Well, order isn’t for logs - but for particular information aggregation of which we used to call logs.
To me, from Europe, it looks like police state order: MPAA used legal system to force TorrentSpy to denounce its users to police. Or rather MPAA would like to establish precedent where all proxies would be liable to inform against their customers.
So if they are tracking their users does that mean registered users only? or are anonymous users tracked as well? If so I would just use a proxy to download the .torrent file. Then I would go on my way to download normally.
Also random question….Does that mean they would only be looking for people who download their movies (since its the MPAA)? and not say, someone downloading music or anime or something like that.
I can’t imagine them watching EVERYTHING they have to be focused on certain files.
@Billy:
TorrentSpy may be hosted in .nl, the company (Valence Media) is US-based. Check your sources before you call people retards…
Goodbye torrentspy, yet another good torrent site goes evil =\
These guys really do not read any of the academic liturature on the ineffectiveness of punishment-based retribution or gestapo tactics. What they are doing is not working, and it will never work. Unfortunately, they and our government have about the same ideas about how to deal with everything - throw someone in prison. The two tend to enable one another.
[quote comment="112198"]UH OH,..the grammar police have should up as well. We’re really in for it now! MUHA[/quote] man you need a spelling lesson it is grammer not grammar and “showed” not should… you fucking slack jawed yokle i figured a backwoods hill billy like yourself would have known,it doesn’t hurt to be wrong we are only human
Grammar is spelt with an a. English is the language of England. Therefore english spelling applies.
Hrm. Should I be worried?
[quote comment="112307"]man you need a spelling lesson it is grammer not grammar and “showed” not should… [/quote]
Actually, YOU’RE the slack-jawed hillbilly. Grammar is spelled with an “a”, not an “e”.
[quote comment="112307"][quote comment="112198"]UH OH,..the grammar police have should up as well. We’re really in for it now! MUHA[/quote] man you need a spelling lesson it is grammer not grammar and “showed” not should… you fucking slack jawed yokle i figured a backwoods hill billy like yourself would have known,it doesn’t hurt to be wrong we are only human[/quote]
Furthermore, it’d be “shown” as well as “yokel”, not “yokle”.. Keep up the good work. [/sarcasm]
Fuck The MPAA!!! That is why ThePirateBay.org RULES!!!
So why doesn’t TS file charges against the MPAA for violating the DMCA by having a hacker break into their system? Other charges also apply, including criminal damage, corporate espionage, and terrorist activities.
TS could own the MPAA if the hacker story is true.
and I said DMCA because I believe that there is some rule against breaking encryption? Like the kind used to protect email?
well dman, this makes me happy i live in canada
Grammer
http://dictionary.reference.com/browse/Grammer
is a town
Grammar
http://dictionary.reference.com/browse/Grammar
is what in reference here..
anyways, breaking one law to prevent the breaking of another.. sounds like an American MO for business as usual .
MPAA is like SGAE in Spain.
These actions violate peoples’ rights and both organizations should be abolished. They just want money and more money. That’s all. No matter peoples’ privacy or freedom.
All my support from Spain.
Have you seen any record company or movie “maker” company closing their door or declaring bankruptcy becuase of their loses on pirating their work, i believe this unpopular organizations are looking just for a little bit money……. “don’t they have enough?”
Poor Judge Jacqueline Chooljian: Practising law without understanding it. What’s to bet by this afternoon her face is photoshopped onto a whole lot of pr0n?
https://mylaw.usc.edu/userfiles/Image/JudgeChooljian.jpg
TS is Facilitating, profiting and actively working on increasing the amount of pirated content distributed. And yet some of you people are so naive to think they will get away with this in the end? Come on! you can try and spin it as much as you want, but TS is making a LOT of money off their banners and affiliate links, and doing that by facilitating the service of sharing pirated content.
This is a funny case, how TS said they should sue G*ogle.. And then G*ogle would say sue someone else.. haha. the blame would be shifted, as websites can claim that its not their fault that people download content–that instead, they act simply as search engines. i’m not sure, but isn’t all this happening because of that crappyass act : Patriot act, which allows all that spying business?
This still doesn’t make sense, and here’s why.
no#1. If they are being forced to hand over records of the quote/unquote, users, then what good will it be for them?
a. You don’t have to be a registered quote/unquote, user, and still download.
b. If you use ip blocking tools like PeerGuardian 2 and Tor/Privoxy/Vidalia package, then the web site you’re won’t have a real ip address on you, nor your account.
c. Again, with letter “b”, you can always go to a torrent site, and even log in, and go page to page, and you’ll never have the same ip, let alone the real ip from your isp.
So, I see no point in even wanting the records. I, myself would believe the ip logs to be mostly bogus anyway, which is just going to lead down a dead end, and at the same time, possibly accuse the wrong isp/user.
On another point of the same subject, it’s getting to the point whereas we all need to step up to these torrent sites and DEMAND that they make these changes listed below, because they are causing just as much as the problems as the organizations that are threatening/persuing them.
Every one is asked to DEMAND these changes be made to their site (torrent search sites, trackers), or let them know that you’ll block their ip address, and you’re going to get others to follow you.
DEMANDS for each site and tracker:
no#1. They MUST employ ip blocking on their site to greatly reduce those bad ip’s from even getting mixed into the swarm.
no#2. They MUST not have ANY Google crap on their site, NOT even their search engine, nor their statistical crap to see your site progress. The BEST FREE tool out their for that is L10 Hit Counter. That’s all they need.
Torrent sites are just as bad. They all want fame and fortune, and at the same time, they continuously invite those suspected groups and organizations into their domains, just for some sponsorship and hit ranking in the search engines. There is a way to rank no#1 in Google, and not even use Google, and at the same time, block Google from even connecting to your site. We’ve been doing it for quite some time now :)
Oh, and incase you forgot or never knew this, Google is on PeerGuardian 2 blocked list. They were put there for a reason, and many of the torrents sites just don’t have a clue as to the damage they’re doing by allowing Google to even spider and (or) connect to the site.
no#3. EVERY torrent site needs to make EVERY UPLOADER HAVE A NAME. And STOP allowing people to use the name ANONYMOUS, anonymous, etc…… make everyone have a name.
Who’s torrent are they going to DELETE if someone complains to them about a torrent on the server by the username “anonymous”? My guess is that they won’t know which torrent, which is causing CHAOS in the torrent community.
no#4. Every torrent site aught to ban the user and every-single torrent he has uploaded if there are any VERIFIED complaints about them uploading torrents where people have to then go to web sites and fill out forms and press buttons and other crap, just to open the file. Simply DELETE those torrents, and ban the user… which by the way wouldn’t have the user name “anonymous”.
no#5. Every time a torrent site/tracker violates your privacy and references to safe torrenting, then let them know that you’re going to go elsewhere. And if everyone stand up like they should, then these torrent sites will have to make changes to their setup because they’re also leading to the handing over of records of your activities on their site.
If every torrent site on the internet does this, I promise you all within a year or two, at most, those **AA organizations will become obsolete and eventually dismantled.
Personally I’m sick and tired of hearing from any torrent site that they’re having those type of problems… then I ask myself “I wonder why?” Which I do know why, and I’m explaining it in this post.
My other post is here:
MPAA Caught Uploading Fake Torrents
http://torrentfreak.com/mpaa-caught-uploading-fake-torrents/#comment-112632
But I urge all of you that use torrent clients and visit torrent sites to pass this on to every site admin and your friends and family too. It’s time for torrent sites to look at a different approach to this torrenting. They are now helping to turn us in, and they want us on their sites at the same time. Go figure.
And by the way,, let them also know that while it’s still in beta stages, there is a new service that allows people to have any amount of data in their possession in a matter of a few days. This has been going on few a year now, with members growing every day. That’s right, you can get all the files you want in just a few days. Just $25 per 100G of data, is great for many people that don’t want to take the risk of downloading. It would take almost a month or so for most people to download that much data using dsl, cable, and even dialup.
This will be the new wave in file sharing. Just wait and see. Remember I told you so.
What will they be able to do then?
And if you believe the **AA is capable of doing as they threaten to do, and torrent sites are now exposing people too, wouldn’t it be wise to change your approach too?
Torrenting now has a new approach….. be a part of it, and we can all shut down all those **AA groups once and for all.
DIE MPAA! What a bullsh*t, TorrentSpy can’t do about it, they share torrents, not files!
But no worries for me, I’m living in Germany, not America.
So, MPAA, get me! :D
I wonder what they’re going to do once everyone starts switching to encrypted file-sharing solutions, such as GigaTribe; http://www.gigatribe.com encrypts all exchanges between its users, so not even the ISPs know what’s being exchanged.
how does this apply to the UK/england?
same?
what a waste of time and argument in a system of without law. There are lots of bullshit law in the USA about ditching people based on class, race and religion. So this is one of the derivative of law for extracting money from the public to the hands of fews. Well, if capitalism works this way, then lets challenge it and prove it should also know to see the seeds of its destruction.
I will post a lot othertime.
Torrentspy sux ass anyways who cares !!!
Also Tor isnt really that hard to set up and with the firefox plugin makes it much easier, just use that if u have to visit TS an turn it back off when you have your torrent file
Job Done !!
TorrentSpy *deserves* this — they’ve been promoting malware for over half a year now.
Screw ‘em.
> There are lots of bullshit law in the USA…
That’s true.
> about ditching people based on class, race and religion.
And that isn’t. Please don’t be stupid. It’s annoying to all the smart people.
Ok, i’ve always knew TorrentSpy sucked (As I’m a demonoid guy) but come one. But telling the MPAA to sue google!? I love google! Google helps me find the rarest of torrents!
@mike- Apparantly you have yet to experience the depth of America’s corruption. Don’t consider yourself smart when you are truely ignorant.
US laws go to hell. The should move the website to a foreign country.
What about isoHunt? They were included in the lawsuit, but I haven’t seen any decision affecting them?
Just TorrentSpy…
O well, maybe everyone should start considering ISP which give dynamic IP’s?
good ole fat bastard judge who knows fuck all about torrents, i bet he’s only sour cause he can’t download the free music and movies :) sad bastard
well i logged onto torrentspy this morning but it wouldnt let me even look saying blocked all ppl fron US but i in UK can anyone help me on this one
For the people that think they are safe in the UK ” YOUR NOT ” mpaa is worldwide and tougher around European countrys, just visit there site to find out, theres been over 1.5 million DVD-RW,CD-RW drives taken from people and destroyed, i just want to ask the judges and other law people, why do they let rapists, drug dealers, peado’s and other scumbags free due to overcrowded prisons and then target someone who sits at home watching a pirate movie with there children, if they lower prices and tax on consumables ( DVD’s, CD,s ) and everything else our Money Grabbing governments like to overtax us on, we wouldnt need to find ways to get them from the internet, and thats what i think. ive probly got spelling, grammar mitakes in here for the bored sad people to correct, have a good day :)
Well maybe its about time some of these hackers and pirates start fighting back. I’m sure their is some unsavory info out there on almost everyone. Try helping the cause instead of writing virus’s for anti virus companies and pirating lame u.s. music and movies that most dont want to see or hear any way. Watch it, delete it, and go wow that sucked. Plus maybe if the movie and music industry would put out better products people would show up to buy tickets for shows. And honestly I dont see any mainstream artist hurting for money anyways. I use torrents mainly for fan subs, out of print movies, and well just really hard to find stuff. Go ahead send me to jail everyones there already in the u.s.. This is Off subject but If anyone know were to get a decent sub copy of too many ways to be no. 1 let me know, Funny triad movie. Now back to subject kind of. Maybe jefferson was right about countries needing to be washed with the blood of the revolutionary every so often, or franklin in saying those that would trade their freedom for security deserve neither. Hmmm, So how’s canada any not so cold places? Pushing a wheelchair through snow sucks! As does the disabilty system, some guy fakes a shoulder injury and gets 800-900 a month. I’ve been severly disabled since birth and only get half of that. God forbid I get a roomate or move to a better area they take even more away. Seriously HOWS CANADA!! Former army brat disgraced by his country it gets worse every day! Say hey to u.s. goverment everyone! Hows holland? Always liked rembrant :)! sorry about rant. A little moody today.
Oh and nobody is sueing google cause google already gives that info to the goverment! The were forced to.
The law in the US is so bad for copyright now.
I bet soon even saying “Torrent” will have your computers confiscated!
Torrent spy was an awesome site… Screw the greedy bastards who shut you guys down! Long live freedom!
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